U.S. Relations with Burma: Key Issues for 2016

U.S. Relations with Burma: Key Issues for 2016

Updated September 8, 2016
U.S. Relations with Burma: Key Issues for 2016
Aung San Suu Kyi’s National League for Democracy
and the leaders of several of Burma’s larger ethnic
(NLD) secured a landslide victory in Burma’s nationwide
minorities) which effectively granted Burma’s seven ethnic
parliamentary elections held on November 8, 2015 (see
States a high degree of autonomy. For nearly 70 years, the
CRS Report R44436, Burma’s 2015 Parliamentary
Burmese government and various ethnic armed
Elections: Issues for Congress, by Michael F. Martin). The
organizations (EAOs) have vacillated between periods of
newly elected Union Parliament took office in early
active fighting and times of relative peace under negotiated
February 2016, and in March chose Htin Kyaw, a close
ceasefire agreements.
friend of Aung San Suu Kyi, as President. In early April,
the Union Parliament established the new office of State
During his term in office, ex-President Thein Sein
Counsellor, and confirmed the appointment of Aung San
attempted to negotiate a nationwide ceasefire agreement
Suu Kyi to that office. She also was confirmed as Foreign
with most of the EAOs. Those efforts were partially
Minister.
successful, when, on October 15, 2015, 8 of 21 EAOs
signed an agreement with the Thein Sein government and
A key issue in Burma’s future will be the emerging
the Tatmadaw (see CRS Insight IN10374, Less-than-
relationship between the NLD-led government and the
Nationwide Ceasefire Agreement Signed in Burma, by
Burmese military (Tatmadaw). Burma’s 2008 constitution
Michael F. Martin). Following the signing of the
ensures that the Tatmadaw will continue to be a major force
agreement, ex-President Thein Sein’s efforts to advance the
in the new government. The Tatmadaw occupies 25% of the
peace process in accordance with the terms of the ceasefire
seats in both chambers of the Union Parliament, giving it
agreement were largely unsuccessful, as most of the major
the ability to block constitutional amendments (which
EAOs and representatives of civil society refused to
require at least a 75% majority to pass). The Tatmadaw also
participate in the negotiations.
appoints military officers as key Ministers (Border Affairs,
Defence, and Home Affairs) and maintains near complete
Over 1,400 representatives of ethnic political parties,
autonomy from civilian control or oversight.
EAOs, the government in Naypyitaw and its military
(Tatmadaw), and other concerned parties attended a peace
Political Transition
conference convened by Aung San Suu Kyi in Naypyitaw,
Burma’s formal transition to a new NLD-led government
Burma on August 31–September 3, 2016. Progress at the
took several months. The two chambers of the newly
conference appeared to be hampered by the Tatmadaw’s
elected Union Parliament, the Pyithu Hluttaw (House of
objection to inviting three EAOs to the conference, and two
Representatives) and the Amyotha Hluttaw (House of
other ethnic organizations downgrading their participation.
Nationalities), took office on February 1 and 3, 2016,
In addition, differences over protocol matters during the
respectively. On March 15, the Union Parliament chose
conference were perceived by some EAO representatives as
Htin Kyaw—close friend to Aung San Suu Kyi, long-term
deliberate disrespect on the part of the organizers.
NLD member, and ex-political prisoner—as President. Htin
Statements presented by Commander-in-Chief Senior
Kyaw defeated retired Lieutenant General Myint Swe and
General Min Aung Hlaing and representatives of several
Henry Na Thio, who were subsequently appointed as Vice
EAOs, moreover, indicated a serious gap in their visions of
Presidents (see CRS Insight IN10464, Burma’s Union
a democratic federated state of Burma and the path to
Parliament Selects New President, by Michael F. Martin).
achieving that goal.
President Htin Kyaw soon announced candidates for his
The NLD-led government faces many of the same
Cabinet, including Aung San Suu Kyi as Education
challenges in the peace negotiations that the Thein Sein
Minister, Energy and Electric Power Minister, Foreign
government faced, including:
Minister, and President’s Office Minister. The Union
 Disagreement over the proper distribution of power
Parliament, however, approved the new position of State
between the central government and the seven ethnic
Counsellor on April 5, and Aung San Suu Kyi was
States; and
appointed to the position. She subsequently stepped down
 The Tatmadaw’s opposition to the participation of
as Education Minister and Energy and Electric Power
several of the EAOs in the negotiations, and the
Minister.
insistence of several of the larger EAOs that all EAOs
be included in the negotiations.
Ongoing Conflicts and the Peace Process Progress is also being hindered by the continuing fighting
Burma has endured a low-intensity civil war since 1948, the
between the Tatmadaw and ethnic militias in the States of
result of a perceived failure, according to many of Burma’s
Kachin, Rakhine, and Shan. Most of these ethnic militias
ethnic minorities, of Burma’s central government to abide
are associated with ethnic organizations that did not sign
by the terms of the Panglong Agreement (negotiated
the October 2015 ceasefire agreement, including some that
between General Aung San, Aung San Suu Kyi’s father,
the Tatmadaw refused to allow to participate in the
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U.S. Relations with Burma: Key Issues for 2016
ceasefire negotiations. In some cases, however, the
thousands of other internally displaced persons (IDPs),
Tatmadaw has been accused of attacking militias associated
mostly in Kachin State and Shan State, the result of
with ethnic organizations that signed the October 2015
ongoing fighting between the Tatmadaw and several ethnic
ceasefire agreement.
militias. In Kachin State and parts of Shan State, the
Burmese military has frequently blocked access to IDPs in
Plight of the Rohingya
areas controlled by ethnic militias because continuing
The Rohingya are one of two ethnic minorities living in
fighting allegedly makes the areas unsafe for domestic and
Burma’s Rakhine State. The Thein Sein government
international relief efforts. As a result, the IDPs are
insisted that the roughly one million Rohingya be called
receiving inadequate supplies of food and water, and
“Bengalis” because the government considered most of
medical care is limited and poorly equipped.
them to be illegal immigrants from Bangladesh, even
though many of them have lived in Burma for generations.
In November 2012, then-President Thein Sein made 11
commitments to President Obama during his first visit to
The Thein Sein government continued the practice of
Burma, one of which was to grant access to conflict-
Burma’s ruling military junta by denying the Rohingya
affected areas to international humanitarian organizations.
some basic human rights, such as rights to education and
That commitment (and some of the others) has gone largely
employment, freedom of movement, and the freedom to
unfulfilled. The NLD-led government can anticipate
marry and bear children according to their personal
domestic and international efforts to obtain better access
preference. On February 11, 2015, President Thein Sein
and provide better assistance to Burma’s IDPs.
announced that Temporary Registration Certificates, known
as “white cards,” would expire on March 31, 2015,
Political Prisoners
eliminating the official document that allowed most
When Burma’s ruling military junta handed power to the
Rohingya formally to reside in Burma, and disenfranchising
Thein Sein government in April 2011, approximately 2,000
the Rohingya for the 2015 parliamentary elections.
political prisoners were in prison. Between April 2011 and
December 2013, President Thein Sein pardoned over 1,100
In 2012, hundreds of Arakans (or Rakhines), a
political prisoners to fulfill a pledge to release all political
predominately Buddhist minority in Burma’s western
prisoners by the end of 2013. Since taking office, President
Rakhine State, attacked Rohingya, resulting in hundreds of
Htin Kyaw has authorized the release of over 230 political
deaths and the internal displacement of an estimated
prisoners. However, the Assistance Association for Political
140,000 people, mostly Rohingya. Nearly four years later,
Prisoners (Burma) asserts that as of July 31, 2016, at least
over 100,000 displaced people remain in camps in Burma,
83 political prisoners remained in jail, along with 202
with limited access to international assistance, education, or
activists awaiting trial for political actions. The new Union
employment. In addition, the outgoing Union Parliament
Parliament, which includes approximately 100 ex-political
passed legislation that restricts the marriage and child-
prisoners, is reportedly considering changing some of the
bearing rights of the Rohingya.
laws being used to arrest and detain people for political
reasons.
On August 24, 2016, Aung San Suu Kyi announced the
creation of the Advisory Commission on Rakhine State,
Implications for Congress
headed by former U.N. Secretary General Kofi Annan. The
It is unclear what actions Congress could or should take at
commission is tasked to investigate human rights, security
this time, if any, to promote the development of a more
and development issues in Rakhine State. The Arakan
democratic Burma that respects the human rights of its
National Party (ANP) and other ethnic Rakhine groups have
residents. Aung San Suu Kyi and the NLD may have their
objected to the creation of the commission and its inclusion
own opinions on how Congress may best support further
of international members. The commission is to present its
political and economic reforms in Burma. Congress also
findings and recommendations to the State Counsellor in
may consider whether to refrain from making changes in
one year.
U.S. policy until it can ascertain how Burma’s military
responds to the new NLD-led government and its policies,
The NLD-led government faces domestic and international
such as the peace conference.
pressure to find a solution to the Rohingya problem. Inside
Burma, organizations like the ANP and the Buddhist
The Burma-related provisions in the Consolidated
nationalist Ma Ba Tha may press for the continuation of the
Appropriations Act, 2016 (P.L. 114-113) appear to indicate
discriminatory policies toward the Rohingya and their
that Congress supports continuing current U.S. policy and
possible deportation. The United States and other nations,
its related programs and activities for FY2016, but holding
as well as the United Nations, may continue to push for the
on undertaking new initiatives until the nature of the NLD-
protection of the human rights of the Rohingya, and
led government is more apparent, and whether or not the
possibly the reinstatement of their citizenship, which was
Tatmadaw provides constructive support or opposition to
taken away by a law promulgated by Burma’s military junta
the new government.
in 1982.
Burma’s Internally Displaced Persons
Michael F. Martin, Specialist in Asian Affairs
In addition to the estimated 100,000 Rohingya located in
IF10352
resettlement camps in Rakhine State, Burma has tens of

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U.S. Relations with Burma: Key Issues for 2016

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